A02 - PWS Somerville and Canyon Lake Herbicide.pdf

PERFORMANCE WORK STATEMENT

Herbicide Application Capital Regional Office

Somerville and Canyon Lakes, Texas

1. GENERAL: This is a non-personal services contract to provide herbicide applications to, embankment, riprap, roads, guardrails, pipe fences and associated areas of dams at Somerville and Canyon Lakes. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, travel, supervision, and other items and non-personal services necessary to perform herbicide applications at Somerville and Canyon Lakes as defined in this Performance Work Statement (PWS), except for those items specified as Government-furnished property and services. The Contractor shall perform to the standards within this PWS. and the Contractor is required to complete Attachment 6, Conceptual Work Plan, and required to submit the completed work sheet with submission of Quote to contracting.

1.1.1 Definitions

a) Contractor: Company structure, including all partners, officers and employees with interest in this contract.

b) Government: Government of the United States of America.

c) Contracting Officer (KO): Person executing this contract on behalf of the Government.

d) Contracting Officer’s Representative (COR): Person designated by letter of designation from KO. The COR monitors all technical aspects of the contract and assists in contract administration.

The COR is authorized to perform the following functions: assures that the Contractor performs the technical requirements of the contract, performs inspections necessary in connection with contract performance, maintains written and oral communications with the Contractor concerning technical aspects of the contract, issues written interpretations of technical requirements; including Government drawings, designs, specifications, monitors Contractor’s performance and notifies both the KO and Contractor of any deficiencies, coordinates availability of Government furnished property, and provides site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates.

The COR is not authorized to change any of the terms and conditions of the contract.

e) Safety Manual: EM 385-1-1, Corps of Engineers Safety and Health Requirements Manual, current edition.

f) Performance Standard: Describes the desired results that are to be achieved.

g) Quality Control: Action taken by the Contractor and/or their personnel to document, inspect and control performance of services to ensure specifications and requirements of this PWS are met.

h) Quality Assurance: Action taken by the Government to ensure the Contractor's quality control system is functioning and effective and that the Contractor is providing services which are in accordance with this PWS.

i) Quality Assurance Representative (QAR): Person designated by the COR to perform Quality Assurance Inspections, review invoices, and perform strict contract oversight. The QAR does not have authority to change any terms of the contract.

j) Quality Assurance Surveillance Plan (QASP): Plan developed by the Government depicting means Quality Assurance will be controlled.

k) Contract Discrepancy Report (CDR): Written record of unsatisfactory performance by the Contractor as observed by the QAR, issued to the Contractor when the performance threshold does not meet the minimum requirements.

1.1.2 Basic Requirements: The following requirements for submitting a quote and receiving an award are now mandatory for conducting business with the DOD Government.

1.1.3 All offerors are required to obtain a Data Universal Numbering System (DUNS) number by visiting www.dnb.com.

1.1.4 All prospective Contractors must be registered in System for Award Management (SAM) database prior to any award resulting from this solicitation. If at time of award, Contractor is not registered, award will be made to the next successful “registered” offer. Registration may be accomplished via the internet at www.sam.gov.

1.1.5 All payments shall be made by Electronic Funds Transfer (EFT) or “direct deposit”.

1.1.6 Permits: The Contractor will, without additional expense to the Government, be responsible for obtaining any necessary licenses, permits and letters of certification. The Contractor will comply with any applicable Federal, State, County, and Municipal laws, codes and regulations in connection with the performance of the work specified under this contract.

1.1.7 Veterans Employment Emphasis: In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) Contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE Contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE Contractors in their outreach efforts:

• U.S. Department of Labor Veterans employment, www.vets.gov/

• Federal veteran employment information, www.fedshirevets.gov/index.aspx

• Veterans’ Employment and Training Service (VETS) , http://www.dol.gov/vets/

• Veterans Opportunity to Work (VOW) Program, http://benefits.va.gov/vow/

• U.S. Army Warrior Transition Command Employment Index, wtc.army.mil/modules/employers/index.html

• Hiring Our Heroes initiative www.uschamberfoundation.org/hiring-our-heroes

• Guide to Hiring Veterans, www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-guide_to_hiring_veterans_0.pdf

1.2 Scope: The objective of these services, dependent upon the designated area for the application, is to:

a) kill all existing vegetation, including woody and non-woody vegetation, through non-selective, post-emergent liquid herbicide application within designated areas as described in this PWS.

b) kill woody vegetation and cactus through selective, post-emergent liquid herbicide application within designated areas as described in this PWS.

The Contractor is responsible for proper application under this PWS, per the product manufacturer’s product label instructions, and meet all local, state and federal regulations. Work under this PWS requires the following herbicide applications:

a) Somerville Guardrail and Pipe Fence Herbicide Application

b) Somerville Road Herbicide Application

c) Somerville Riprap Herbicide Application

d) Somerville Woody Vegetation and Cactus Herbicide Application

e) Canyon Riprap Herbicide Application

f) Canyon Woody Vegetation and Cactus Herbicide Application

Herbicide application areas include along dam embankments, riprap, roads, parking areas, guardrails, pipe fences and other associated areas. The Contractor must complete and return with submission of quote Attachment 8, Supportive Documentation for CLIN Schedule. The Contractor is responsible for proper application under this PWS, per the product manufacturer’s product label instructions, in accordance with all local, state and federal regulations.

1.2.1 Herbicide Application Requirements

1.2.1.1 The Contractor shall select liquid herbicides and herbicide dye suitable for on-site environmental conditions and achieve the requirements of this PWS as specified in Paragraph 1.2.1.10 and Performance Requirements Summary (PRS) (Attachment 1). Herbicides shall be applied in accordance to manufacturer’s product label to achieve results for the target species. Herbicide shall not be applied immediately adjacent to lake shoreline so as to prevent contact with lake or standing water. Extreme care shall be exercised during herbicide application to prevent drift or runoff into lake or standing water.

1.2.1.2 Herbicide dye shall be used on all applications to verify one-hundred (100) percent coverage of the designated area for all products applied in liquid form.

1.2.1.3 The Contractor shall submit product manufacturer’s product label for each selected herbicide and herbicide dye to the COR at the Pre-work Conference.

1.2.1.4 Certified applicator(s) shall explicitly follow all product manufacturer’s product label requirements during the transporting, mixing, spraying and disposal of herbicide and herbicide dye products. Certified applicator(s) shall follow all application and safety requirements as stated on product manufacturer’s product label. If not in conflict with manufacturer’s product label recommendations, post-emergent liquid herbicide application shall not be permitted when heavy dew is present or when wind speed exceeds ten (10) MPH.

1.2.1.5 No equipment or materials shall be stored overnight within the boundaries of Government lands.

1.2.1.6 Certified applicator(s) shall ensure the disposal of excess herbicide, containers, contaminated clothing, and other disposal materials involved in the transport, mixing and applications shall be made off Government lands and waters in an approved disposal site.

1.2.1.7 Work Plan: The Contractor shall provide a detailed Work Plan that describes planned approach to accomplishing the work described in this PWS. The Contractor shall include safety requirements incidental to the work. Detailed Work Plan shall be submitted to COR at Pre-work Conference (Conceptual Work Plan, Attachment 6, is required with submittal of quote).

1.2.1.8 Site Visit: The Government strongly encourages each prospective bidder to attend a site visit in order to ensure all potential bidders have a thorough understanding of this PWS and to allow potential bidders the opportunity to ask questions regarding requirements of the specified work. A formal site visit at both lakes will be scheduled as indicated on the KO’s Request for Quote.

1.2.1.9 Pre-work Conference: The Pre-work Conference will be conducted by COR within seven (7) calendar days of contract award. As a minimum, the Contractor shall be represented by the officer of the company that signed the contract and the on-site supervisor. The Pre-work Conference will be held at Somerville Lake or may be performed telephonically at the agreement of all parties. The Government will discuss the provisions of this PWS and the Contractor's required submittals listed in Paragraph 1.9.2.

1.2.1.10 Herbicide Application Descriptions

1.2.1.10.1 Somerville Herbicide Application Descriptions

a) Somerville Guardrail and Pipe Fence Herbicide Application: Uniform application of non-selective, post-emergent liquid herbicide application, with herbicide dye, to kill all vegetation, including woody and non-woody vegetation, that may include but not limited to, bermudagrass, King Ranch bluestem, johnsongrass, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak in accordance to manufacturer’s product label along guardrails and pipe fences on main dam embankment road (LBJ Road) and Visitor’s Overlook.

Attachment 4A depicts designated herbicide application areas for guardrails and pipefence.

Specific application area delineation is entire area within the following:

1) Guardrail: Extends from paved road or parking area edge to a line six (6) inches from backside of guardrail support post.

2) Pipe fence: Extends from paved road or parking area edge to a line three (3) inches from backside of pipe fence support post.

b) Somerville Road Herbicide Application: Uniform application of non-selective, post-emergent liquid herbicide application, with herbicide dye, to kill all vegetation, including woody and non-woody vegetation, that may include but not limited to, bermudagrass, King Ranch bluestem, johnsongrass, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak in accordance to manufacturer’s product label at North Embankment Road.

Attachment 4A depicts designated herbicide application areas for road at Somerville Lake.

Specific application area delineation is entire area from paved road edge to paved road edge, with one exception. When riprap is adjacent to paved road edge, the application area is extended from paved road edge to edge of riprap.

c) Somerville Riprap Herbicide Application: Uniform application of non-selective, post-emergent liquid herbicide application, with herbicide dye, to kill all vegetation, including woody and non-woody vegetation, that may include but not limited to, bermudagrass, King Ranch bluestem, johnsongrass, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak in accordance to manufacturer’s product label within entire designated riprap areas along embankment, spillway, levee and outlet works. Attachment 4A depicts designated herbicide application areas for riprap. Turf areas within dam embankments shall not be treated unless specified.

d) Somerville Woody Vegetation and Cactus Application: Uniform application of selective, post-emergent liquid herbicide application, with herbicide dye, to target and kill all woody species that may include but not limited to, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak, as well as prickly pear cactus, in accordance to manufacturer’s product label. All woody vines, trees, shrubs and cactus are targets and shall be sprayed. Attachment 4A depicts designated herbicide application areas. Herbaceous vegetation is desired and shall not be targeted or injured from treatment of woody vegetation and cactus. Only selective herbicide targeting woody vegetation and cactus shall be applied. No digging of cactus or woody plants is allowed.

1.2.1.10.2 Canyon Herbicide Application Descriptions

a) Canyon Riprap Herbicide Application Uniform application of non-selective, post-emergent liquid herbicide application, with herbicide dye, to kill all vegetation, including woody and non-woody vegetation, that may include but not limited to, bermudagrass, King Ranch bluestem, johnsongrass, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak in accordance to manufacturer’s product label, within entire designated riprap areas. All herbaceous, woody plants are targets and should be sprayed. Areas to be treated include riprap and the paved surface on top of the dam. Attachment 4B depict designated herbicide application areas.

b) Canyon Woody Vegetation and Cactus Application Uniform application of selective, post-emergent liquid herbicide application, with herbicide dye, to target and kill all woody species that may include but not limited to, willow baccharis, mesquite, greenbriar, grape vine, poison ivy, as well as prickly pear cactus, in accordance to manufacturer’s product label. All woody vines, trees, shrubs and cactus are targets and shall be sprayed. Attachment 4B depicts designated herbicide application areas. Herbaceous vegetation is desired and shall not be targeted or injured from treatment of woody vegetation and cactus. Only selective herbicide targeting woody vegetation and cactus shall be applied.

No digging of cactus or woody plants is allowed.

1.2.1.11 Performance Standard/Threshold

1.2.1.11.1 Non-selective, Post-emergent Liquid Herbicide Application: Uniform non-selective, post-emergent liquid herbicide, with herbicide dye, application to all woody and non-woody vegetation within one-hundred (100) percent of designated areas in accordance to product manufacturer’s product label. Vegetation kill rate for non-selective, post-emergent liquid herbicide application is a minimum of ninety-five (95) percent for each herbicide application. Any area not showing "stressed" or dead vegetation within two (2) weeks after initial application shall be re-treated at the Contractor's expense. Herbicide applied must be of proper strength to prevent killing or “browning” of only the exposed portion of vegetation and have sufficient residual action to prevent re-growth for up to two (2) months. Payment will not be made until minimum results have been achieved.

1.2.1.11.2 Selective, Post-emergent Liquid Herbicide Application: Uniform selective, post-emergent liquid herbicide, with herbicide dye, application to all woody vegetation and cactus within one-hundred (100) percent of designated areas in accordance to product manufacturer’s product label. Vegetation kill rate for selective, post-emergent liquid herbicide application is a minimum of ninety-five (95) percent for each herbicide application. Any area not showing "stressed" or dead woody vegetation and cactus within two (2) weeks after initial application shall be re-treated at the Contractor's expense. Herbicide applied must be of proper strength to prevent killing or “browning” of only the exposed portion of treated vegetation and have sufficient residual action to prevent re-growth for up to two (2) months. Payment will not be made until minimum results have been achieved.

1.2.1.12 Estimated Work Requirements: Table below provides a summary of estimated annual application areas for the convenience of the Contractor in preparing a bid. This tabulation depicts current conditions on-site within designated areas and does not reflect any future improvements or work, including, but not limited to, new construction, renovation and demolition, which may occur within designated areas during performance of this PWS. The Government reserves the right to perform any future work at its discretion.

1.2.1.12.1 Somerville Lake Estimated Work Requirements

1.2.1.12.2 Canyon Lake Estimated Work Requirements

1.2.1.13 Work Sequence: The Contractor shall develop a work sequence for herbicide application designating the order in which herbicide application will occur for each application type. Sequence shall be submitted to COR at the Pre-work Conference and the Contractor shall adhere to this sequence. Unless otherwise approved by the COR, all herbicide application requirements for an area shall be completed before beginning work in another area. In all cases, the Contractor shall assure that sufficient personnel and equipment are available to finish each area within the time limitation.

1.2.1.14 Schedule of Services: Herbicide applications shall be made in accordance to product manufacturer’s product label as follows in table below. The Contractor shall provide written notice of work commencement to the COR at least forty-eight (48) hours in advance of anticipated herbicide application. The Contractor shall have ten (10) calendar days, excluding Federal Holidays, to complete each herbicide application within the application schedule below. (See Paragraphs 1.2.1.14.1 & 1.2.1.14.2)

1.2.1.14.1 Somerville Lake Schedule of Services

Application Type Application Schedule Somerville Guardrail & Pipe Fence Herbicide Application One Application

Between 01 October and 31 October. AND One Application Between June 1 through June 30

Somerville Road Herbicide Application One Application Between 01 October and 31 October. AND One Application Between June 1 through June 30

Somerville Riprap Herbicide Application One Application Between 01 October and 31 October. AND One Application Between June 1 through June 30

Somerville Woody Vegetation and Cactus Herbicide Application One Application Between 01 October and 31 October. AND One Application Between June 1 through June 30

Application Type Estimate of Application Area

Somerville Guardrail & Pipe Fence Herbicide Application 63,810 Square Feet Somerville Road Herbicide Application 377,564 Square Feet Somerville Riprap Herbicide Application 37 Acres Somerville Woody Vegetation and Cactus Herbicide Application 16,105 Square Feet

Application Type Estimate of Application Area

Canyon Riprap Herbicide Application 19 Acres Canyon Woody Vegetation and Cactus Herbicide Application 50 Acres

1.2.1.14.2 Canyon Lake Schedule of Services

Application Type Application Schedule Canyon Riprap Herbicide Application One Application

Between 01 October and 31 October. AND One Application Between June 1 through June 30

Canyon Woody Vegetation and Cactus Herbicide Application One Application Between 01 October and 31 October. AND One Application Between June 1 through June 30

1.2.1.15 Rain Days: Rain days are delays in service requiring an extension due to inclement weather or conditions beyond the Contractor’s control. They may only be allowed with concurrence and approval of the COR. The Contractor is responsible to notify the COR on days when weather or poor ground working conditions prohibit performance of services. The Contractor shall ascertain if the workday is considered a rain day by COR. In no instance may the Contractor operate equipment during conditions that shall result in damage to turf or ground surfaces on Government property.

1.2.1.16 After each application, the Contractor shall complete Herbicide Application Record (Attachment 3) and provide to the COR no later than ten (10) calendar days, excluding Federal Holidays, after herbicide application.

1.2.1.17 Reports: The Contractor shall develop and provide their own Daily Activity Report (DAR).

DAR shall be submitted to COR at Pre-work Conference for approval. DAR shall provide sufficient information to summarize Contractor’s service activities for the day and shall include the following information at a minimum: date, time work began, time work end, work location(s), name and quantities of herbicide(s)/dye applied, name of employees working, notes/comments and include capabilities to record information as directed within the PWS. DAR shall be completed each day services are performed and submitted to the COR no later than the following business day, excluding Federal Holidays. A Quality Control Report shall be completed at the end of the week when services are performed and submitted to the COR no later than the following business day, excluding Federal Holidays. All submitted reports shall be complete, legible and comprehensible.

1.2.1.18 Safety: The Contractor shall perform all services in full compliance with the safety requirements set forth in latest edition of EM 385-1-1, Safety and Health Requirements Manual (Safety Manual) found at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf.

The Contractor shall develop an Abbreviated Accident Prevention Plan (AAPP) in accordance with requirements of Appendix A of Safety Manual. AAPP shall be outlined as shown in Safety Inspection Checklist Abbreviated Accident Prevention Plan Form A-1 of Appendix A to ensure each area of information has been provided. AAPP shall be submitted to the COR for review and approval within seven (7) calendar days after Pre-work Conference. Activity Hazard Analysis (AHA) shall be included with the AAPP for each definable feature of work. A sample AHA can be found in Figure 1-2 of the Safety Manual. Safety Data Sheets (SDS) shall also be included with AAPP.

1.2.1.19 The Contractor shall provide traffic control on public roads in accordance with the most current EM-385-1-1 Safety Manual.

1.2.1.20 Damage to Government or Private Property: The Contractor shall be responsible for any damage to Government or private property and/or injury to any person as a result of the Contractor’s operation(s). The Contractor shall notify the COR immediately of damage to Government and/or private property or injury to any person resulting from Contractor’s operations. Ground rutting caused by Contractor activity shall be repaired to Government specifications (including, but not limited to:

ground leveling and reseeding with native vegetation) by Contractor at no additional expense to the Government. Herbaceous vegetation damaged during selective, post-emergent herbicide application shall be repaired to Government specifications (including, but not limited to: reseeding with native vegetation and installation of approved erosion control blanket).

1.2.1.21 Insurance: The Contractor shall furnish the original Insurance Certificates, as specified below, to the COR at Somerville Lake Office within seven (7) calendar days of Pre-work Conference, excluding Federal Holidays, or sooner as required by Solicitation. The Contractor shall maintain, during the entire period of performance under this PWS, the following minimum insurance requirements below.

1.2.1.21.1 Certified applicator(s) shall hold at least the minimum amount of liability insurance coverage as required by the Texas Department of Agriculture when conducting herbicide control work on the aforesaid areas. Contractor shall hold and save the United Sates free from claims that may occur from the herbicide application operations carried out under this PWS.

1.2.1.21.2 Automobile Liability: Minimum State liability insurance is required for the operation of all automobiles utilized in the performance of this PWS.

1.2.1.21.3 Workermen’s Compensation and Employer’s Liability Insurance: Workmen's Compensation and Employer's Liability Insurance in the minimum amount of $100,000, or in compliance with applicable State statutes, is required in the performance of this PWS.

1.2.1.21.4 Endorsement: An endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the KO.

1.2.1.22 Invoicing and Payments: All payments shall be made based upon line item pricing for the contract base as submitted by the Contractor and accepted at contract award. Payment will not be made until minimum results have been achieved and accepted by the COR. Upon COR notification, via email, that minimum results have been achieved, the Contractor will submit the Invoice for payment for the accepted work performed to the COR.

1.3 Sustainability Requirements

1.3.1 The Contractor shall meet the recycled content requirements set forth by the Environmental Protection Agency (EPA) and shall make maximum use of products containing recovered materials that are EPA-designated Items unless the product cannot be acquired;

a) Competitively within a timeframe providing for compliance with this PWS performance schedule;

b) Meeting this PWS performance requirements; or

c) At a reasonable price.

Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The list of EPA-designated Items is available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products. Items may include, but are not limited to the following products used on-site in execution of this PWS: binders, clipboard and plastic trash bags. All deliverables shall be printed double-sided on paper that contains post-consumer fiber.

1.3.2 The Contractor shall meet the BioPreferred Program requirements set forth by the USDA at https://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml. The list of USDA-designated product categories may be found at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml#.

1.3.3 As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), https://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of this PWS will be at least the amount required by the applicable PWS specifications or other contractual requirements.

1.3.4 References: FAR Provision 52.223-1 – Biobased Product Certification, FAR Clause 52.223-2 – Affirmative Procurement of Biobased Products Under Service and Construction Contracts, FAR Provision 52.223-4 – Recovered Material Certification, FAR Clause 52.223-9 – Estimate of Percentage of Recovered Material Content for EPA-Designated Items, and FAR Clause 52.223-17 – Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts.

1.4 Period of Performance: Period of performance under this PWS shall be a base year 01 October 2023 - 30 September 2024 and one option year 01 October 2024 – 30 September 2025.

1.5 General Information

1.5.1 Quality Control: The Contractor’s Quality Control (QC) program is the means by which Contractor assures work complies with the requirement of this PWS. The Contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. QCP shall include procedures to identify, prevent and correct defective services and ensure non-recurrence of defective services. QCP shall also include development of Quality Control Report which shall be completed at the end of each week that services was performed. The QCP shall be submitted to the COR at the Pre-work Conference for review. After acceptance of the QCP, the Contractor shall submit in writing for any proposed QCP changes to the COR for KO’s review and approval.

1.5.2 Quality Assurance: The Government shall evaluate the Contractor’s performance under this PWS in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance and the minimum acceptable defect rate(s). The COR will designate a Quality Assurance Representative (QAR) who will perform Quality Assurance Inspections, review invoices, and perform strict PWS oversight. Any deficiencies will be annotated on the Contractor’s Deficiency Report (CDR). The QAR does not have authority to change any terms of this PWS.

1.5.3 Federal Holidays: No work shall be performed on a Federal Holiday.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Independence Day Christmas Day

1.5.4 Hours of Operation: Work shall only be performed weekdays 7:00 AM to 4:00 PM. The Contractor may submit request to perform work on weekends, excluding holiday weekends, in writing to the COR for consideration. Work performed on weekends shall only be performed with COR approval. Lake Office operational hours are weekdays, 8:00 AM to 4:00 PM, excluding Federal Holidays.

1.5.5 Place of Performance: The work under this PWS will be performed at Somerville Lake (Burleson County, Texas and Washington County, Texas) and Canyon Lake (Comal County, Texas).

1.5.6 Type of Contract: The Government will award a firm-fixed price contract for a one time application.

1.5.7 Antiterrorism/Operations Security

1.5.7.1 General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor

(“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements.

Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).

Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.5.7.2 Antiterrorism (AT) Level I Training: All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training. Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

1.5.7.3 Physical Security and Access Control Requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.5.7.4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

1.5.7.5 Pre-screen Candidates Using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR

Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.5.8 Special Qualifications: Herbicide applicator(s) shall be State certified applicator(s) and shall conform to all applicable Texas Department of Agriculture rules and regulations as contained in the latest revision of the Texas Herbicide Law and Regulations on lands and waters located within the State of Texas, inclusive of Federal projects lands and waters. Certified applicator(s) shall hold at least the minimum amount of liability insurance coverage as required by the Texas Department of Agriculture when conducting work on the aforesaid areas. The Contractor shall hold and save the United States free from claims that may occur from the control operations carried out under this PWS. A copy of applicator’s certification shall be submitted to the COR at the Pre-work Conference and will become part of the contract documents.

1.5.9 Post-award Conference/Periodic Progress Meetings/Contractor Deficiency Report Meetings: The Contractor agrees to attend any post-award conference, periodic or CDR meetings convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.5.10 Contracting Officer Representative: A COR will be designated for this PWS. The COR will monitor the performance of the Contract (See Paragraph 1.1.1 d).

1.5.11 Contractor Key Personnel: The following personnel are considered key personnel by the Government: Contractor, field supervisor, and QC personnel. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this PWS.

1.5.12 Identification of Contractor Employees:

“Identification of Contractor Employees in the Federal Workplace (Aug 2008):

a) The Contractor shall provide each of its employees who will be involved in the performance of the contract, on a Government facility, with an identification (ID) badge. The ID badge shall clearly display the Contractor’s name and the employee’s name and color photograph. The Contracting Officer or his/her designee shall approve the ID badge before the commencement of contract performance. It is the Contractor’s responsibility to ensure that all Contractor personnel wear the ID badge at all times when performing work under this contract at a Government facility.

Unless otherwise specified in the contract, each Contractor employee shall wear the ID badge in a conspicuous place on the front of their clothing and above their waist, except when safety or health reasons prohibit such placement. This requirement is in addition to any Government facility security provisions that require that a Government-issued security badge also be worn.

b) Contractor personnel shall clearly identify themselves to all attendees as a Contractor employee before the commencement of meetings with Government or other Contractor personnel.

Contractor personnel shall clearly and immediately identify themselves as a Contractor employee when placing, answering or participating in telephone/VTC conversations with Government or other Contractor personnel.

c) When Contractor personnel send e-mail messages from or to a Government-owned computer, they shall include a signature block that includes their employer’s name and the employee’s full name and e-mail address.

d) Each of the requirements set forth in paragraphs a-c above, must be included in all subcontracts at any tier.”

1.5.13 Contractor Travel: Not applicable.

1.5.14 Data Rights: Not applicable.

1.5.15 Organizational Conflict of Interest: In the event an organizational conflict of interest exists, such as the discovery of Contractor or subcontractor business of familial relations with a USACE employee, the Government will take steps to mitigate the conflict, up to and including termination of the Contractor or subcontractor.

1.6 Government Furnished Items and Services

1.6.1 Facilities: Not applicable

1.6.2 Equipment: Not applicable

1.6.3 Materials: The Government will provide application area maps (Attachments 4A and 4B) and Herbicide/Pesticide Report Form (Attachment 3). Both attachments are provided in a separate pdf document.

1.7 Contractor Furnished Items and Responsibilities

1.7.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Paragraph 1.6 of this PWS.

1.7.2 Equipment: The Contractor shall furnish all equipment necessary to accomplish the requirements under this PWS. All equipment used to perform work under this PWS shall be in good operating and mechanical condition and comply with the Safety Manual. Vehicles used by the Contractor will be identified. The Contractor shall ensure leaking and unsafe equipment is repaired immediately and shall be responsible for containment and cleanup of leaks.

1.7.3 Materials: The Contractor shall provide herbicides, herbicide dye and other materials necessary to meet the requirements under this PWS.

1.8 Contractor Management Reporting (CMR): Not applicable.

1.9 Applicable Publications (Current Editions)

1.9.1 The Contractor shall abide by all applicable local, state, and federal regulations, publications, manuals, policies and procedures, to include the Safety and Health Requirements Manual (EM385-1-1).

1.9.2 Submittals: Government Approval is required for submittals with a "GA" designation. When “GA” designation is used, the designation will state the office that will review the submittal for the Government.

All submittals not requiring Government Approval will be For Information Only (FIO) and are considered to be "Product Data" that meet the terms of the PWS. Submittals FIO will not be returned.COR approval is not required for FIO submittals; however, the Government reserves the right to require the Contractor to resubmit any item found not to comply with this PWS. This does not relieve the Contractor from the obligation to furnish products conforming to the federal and local laws/regulations and will not prevent the

COR from requiring herbicide reapplication if nonconforming products are used in the herbicide application. Attachment 2/Technical Exhibit 2: Deliverables Schedule provides requirements for all submittals.

1.10 Attachment/Technical Exhibit List

1.10.1 Attachment 1/Technical Exhibit 1: Performance Requirements Summary

1.10.2 Attachment 2/Technical Exhibit 2: Deliverables Schedule

1.10.3 Attachment 3: Herbicide Application Record

1.10.4 Attachment 4:

4A: Somerville Lake Herbicide Application Maps 4B: Canyon Lake Herbicide Application Maps

1.10.5 Attachment 5: Contract Discrepancy Report (Example)

1.10.6 Attachment 6: Conceptual Work Plan (must be completed and returned with submission of quote).

1.10.7 Attachment 7: Daily Activity Report

1.10.8 Attachment 8: Supportive Documentation for CLIN Schedule (must be completed and returned with submission of quote).

TECHNICAL Exhibit 1/Attachment 1 Performance Requirement Summary (PRS)

Performance Requirements SummaryThe Contractor service requirements are summarized into performance objectives that relate directly to mission essential items.

Performance Standard Performance Threshold

Method of Surveillance

PRS 1: Somerville Guardrail and Pipe Fence Herbicide Application Uniform application of non-selective, post-emergent liquid herbicide application, with herbicide dye, to kill all vegetation, including woody and non-woody vegetation, that may include but not limited to, bermudagrass, King Ranch bluestem, johnsongrass, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak in accordance to manufacturer’s product label, along guardrails and pipe fences on main dam embankment road (LBJ Road) and Visitor’s Overlook. Refer to PWS Paragraph 1.2.1.1 thru 1.2.1.6,

1.2.1.10.1 (a) and 1.2.1.11.1.

Uniform post-emergent liquid herbicide application, with herbicide dye, to all woody and non-woody vegetation within entire designated areas effectively killing all vegetation.

Refer to PWS Paragraph 1.2.1.11.1.

Application shall result in one-hundred

(100) percent coverage of the designated areas. A minimum of ninety-five (95) percent vegetation kill shall be the result in the application areas.

One-hundred

(100) percent QA inspection of services, customer complaints and COR review of all Daily Activity Reports and final inspection.

PRS 2: Somerville Road Herbicide Application Uniform application of non-selective, post-emergent liquid herbicide application, with herbicide dye, to kill all vegetation, including woody and non-woody vegetation, that may include but not limited to, bermudagrass, King Ranch bluestem, johnsongrass, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak in accordance to manufacturer’s product label at North Embankment Road. Refer to PWS Paragraph 1.2.1.1 thru 1.2.1.6,

1.2.1.10.1 (b) and 1.2.1.11.1.

Uniform post-emergent liquid herbicide application, with herbicide dye, to all woody and non-woody vegetation within entire designated areas effectively killing all vegetation.

Refer to PWS Paragraph 1.2.1.11.1.

Application shall result in one-hundred

(100) percent coverage of the designated areas. A minimum of ninety-five (95) percent vegetation kill shall be the result in the application areas.

One-hundred

(100) percent QA inspection of services, customer complaints and COR review of all Daily Activity Reports and final inspection.

PRS 3:Somerville Riprap Herbicide Application Uniform application of non-selective, post-emergent liquid herbicide application, with herbicide dye, to kill all vegetation, including woody and non-woody vegetation, that may include but not limited to, bermudagrass, King Ranch bluestem, johnsongrass, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak in accordance to manufacturer’s product label within entire designated riprap areas along embankment, spillway, levee and outlet works.

Refer to PWS Paragraph 1.2.1.1 thru 1.2.1.6, 1.2.1.10.1 (c) and 1.2.1.11.1.

Uniform post-emergent liquid herbicide application, with herbicide dye, to all woody and non-woody vegetation within entire designated areas effectively killing all vegetation.

Refer to PWS Paragraph 1.2.1.11.1.

Application shall result in one-hundred

(100) percent coverage of the designated areas. A minimum of ninety-five (95) percent vegetation kill shall be the result in the application areas.

One-hundred

(100) percent QA inspection of services, customer complaints, and 100 percent review by COR of Daily Activity Reports and final inspection.

PRS 4: Somerville Woody Vegetation and Cactus Herbicide Application: Uniform application of selective, post-emergent liquid herbicide application, with herbicide dye, to target and kill all woody species that may include but not limited to, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak, as well as prickly pear cactus, in accordance to manufacturer’s product label. All woody vines, trees, shrubs and cactus are targets and shall be sprayed. Refer to PWS Paragraph

1.2.1.1 thru 1.2.1.6, 1.2.1.10.1 (d) and 1.2.1.11.2.

Uniform post-emergent liquid herbicide application, with herbicide dye, to all woody vegetation and cactus within entire designated areas effectively killing all vegetation.

Refer to PWS Paragraph 1.2.1.11.2.

Application shall result in one-hundred

(100) percent coverage of the woody vegetation and cactus within designated areas. A minimum of ninety-five (95) percent vegetation kill shall be the result in the application areas.

One-hundred

(100) percent QA inspection of services, customer complaints, and 100 percent review by COR of Daily Activity Reports and final inspection.

PRS 5: Canyon Riprap Herbicide Application:

Uniform application of non-selective, post-emergent liquid herbicide application, with herbicide dye, to kill all vegetation, including woody and non-woody vegetation, that may include but not limited to, bermudagrass, King Ranch bluestem, johnsongrass, willow baccharis, mesquite, greenbriar, grapevine and poison ivy/oak in accordance to manufacturer’s product label, within entire designated riprap areas. All herbaceous, woody plants are targets and should be sprayed. Areas to be treated include riprap and the paved surface on top of the dam. Refer to PWS Paragraph 1.2.1.1 thru 1.2.1.6,

1.2.10.2 (a) and 1.2.1.11.1.

Uniform post-emergent liquid herbicide application, with herbicide dye, to all woody and non-woody vegetation within entire designated areas effectively killing all vegetation.

Refer to PWS Paragraph 1.2.1.11.1.

Application shall result in one-hundred

(100) percent coverage of the designated areas. A minimum of ninety-five (95) percent vegetation kill shall be the result in the application areas.

One-hundred

(100) percent QA inspection of services, customer complaints, and 100 percent review by COR of Daily Activity

PRS 6: Canyon Woody Vegetation and Cactus Herbicide Application: